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HomeMy WebLinkAboutCouncil Workshop Minutes 05.12.2009MINUTES COUNCIL WORKSHOP MAY 12, 2009 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson at 6:30 p.m. on May 12, 2009. COUNCIL MEMBERS PRESENT: x Emelie Eaton Kate Hart _x Chuck Rodgers Alex Wilkins -x Doug Poehls x_ Mark Mace ?x Chuck Dickerson Norm Stamper OTHERS PRESENT: Sam Painter Mary Embleton Bill Sheridan Kurt Markegard Tim Reiter Rick Musson Jan Faught Public Input (three-minute limit): Citizens may address the Council regarding any item of City business not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. There was no public input. Public Works Department: • Resolution - Adopting the 2009 Laurel Wastewater Facilities Plan Update Kurt Markegard stated that the resolution is needed to adopt the 2009 Laurel Wastewater Facilities Plan Update prepared by Morrison-Maierle. The resolution will be on the May 19th council agenda. • Resolution - Accept street maintenance bid Kurt stated that the city advertised a request for proposals for crack seal, pothole repair, and chip sealing of some city streets. Bids were received from Riverside Sand & Gravel, Knife River, and Hardrives Construction. Hardrives Construction was the low bidder at $355,889. Kurt stated that Hardrives has worked for Yellowstone County public works improvements. Bob Moats has been satisfied with their work. Chad Hanson recommends that the city council approve the resolution and award the bid to Hardrives Construction. Payment will be determined by the line items for the different parts of the project. Great West Engineering will verify that the work has been completed before payment is made. After council approval of the contract with Hardrives Construction, Great West Engineering will issue a Notice to Proceed and work should begin in about three weeks. There was discussion regarding a close date. Kurt stated that the close date was left open so the city could expand the project with additional available funding. Hardrives Construction is aware that the city wants to move forward quickly with this street maintenance project. The resolution will be on the May 19'h council agenda. Council Workshop Minutes of May 12, 2009 + Resolution - Small Service Contract with Jim's Electric to change the windings on the High Service Pump motors for the Water Treatment System Kurt stated that this was scheduled to be done in an upcoming project for the water facilities plan. Kurt explained that the variable frequency drives will allow the city to run the pumps at a certain percentage, rather than 100 percent versus on or off, as it is currently possible. The problem is that the motors do not currently have the right windings to allow that to happen. Patrick Murtagh has recommended that the city complete this prior to the project, as it will have less financial impact by going through this process. The project will be done in two phases, as one pump will be pulled while the other pump remains online, and then the second pump will be pulled and rewound. Kurt asked Tim Reiter, Utilities Plant Superintendent, to explain why one pump should be in service while the other pump is out of service. Tim Reiter stated that one pump should remain in service at all times because of fire reasons or an emergency situation. The big pumps are too large to use in normal circumstances, unless the city requires a lot of water. They cannot be used the way they are set up now. With a fire or an emergency situation, the pumps could be used and other pumps could be added to them. Tim stated that it would be a very bad idea not to have them around. One pump should remain in service while the other pump is removed and rewound. After it is back in service, the other pump should be pulled and rewound. It will cost an extra $3,500 to have the pumps done separately, but it is just too dangerous not to have one operational pump in case of an emergency. Kurt stated that the pump was last used when the Movie Haus burned. After the pumps are rewound, the pumps can be used at a percentage versus on or off. The variable frequency drives will be added at a later time. + Resolution - Change Order with Castlerock Excavating, Inc. Kurt stated that the council approved a prior resolution to hire a contractor to replace a fire hydrant that was hit by a car on East 6 Street and First Avenue. When the city tried to shut down the water valves, twenty valves would not shut down. It took five or six hours to figure out why the water was still coming through the fire hydrant. During that time, the contracting crew waited for the city crew to shut down the line. The contractor is asking $360.00 to cover part of the down. The resolution will be on the May 19th council agenda. + Jon Rutt - Request to pave the alley between businesses Kurt explained that Jon Rutt requested permission to pave an alley between his businesses. Kurt explained some past history for the city council. When Jan's IGA, which is currently First National Pawn, wanted to pave an alley, the council abandoned the alley and allowed them to pave it. Kurt does not recommend abandoning any alleys for pavement. Jon Rutt lives at 1231 First Avenue, and his business addresses are 603 West Main and 14 Sixth Avenue. He is proposing paving half of the alley between the two buildings located at 14 Sixth Avenue and 603 West Main. This would be half of the alley that goes east and west between the buildings, and there is a T in the alley. He would pave up to the T but not beyond the T, so there would still be gravel from the T going south to where it connects there. They would angle over to the building property line in the alleyway. Right now, his telephone line is buried, MDU gas is buried, and the sanitary sewer line is in the alley. The power lines and cable are above ground. A new telephone line has been trenched in conduit that will not be in that area. Jon realizes that the paving would be at his expense and any future repairs would also be his expense. The alley has been 2 Council Workshop Minutes of May 12, 2009 compacted and driven on daily, and a forklift runs between the buildings. It is a mess and generates a lot of dust during the summer. They connected to storm sewer when they built the new parking lot behind their office building, which drains to the storm sewer connected on West Main. Jon is working with Total Asphalt Repair to determine the best way to pave the alley, which would be done according to city regulations. Kurt and Jon will meet for further discussion, and the issue will be brought for the council's consideration when it is ready. Police D artment: • Resolutions - SRO Agreements with the School District Chief Musson stated that the School District wants to renew the annual SRO contracts for both the high school and the middle school. The resolutions and contracts will be on the May 19`h council agenda. Planning: • Resolution - Annexation of the street right-of-way adjacent to 2057 East Maryland Lane Bill Sheridan stated that the annexation of the street right-of-way adjacent to 2057 East Maryland Lane has been discussed, and the city has tried to resolve this situation. He asked that the council seriously consider the annexation or the lack of the annexation of the street right-of-way in front of 2057 East Maryland Lane. The decision is disputed by the property owner, but water service is provided to the property. For that reason, it should be a part of the City of Laurel. Mayor Olson asked if any audience member wished to comment on this issue. Leonard Orth, 920 Ridge Drive, stated that he lived a couple blocks from city hall for 20 years and moved into that area seven years ago. He read an article in the paper and commented to his wife that it is odd that the city is talking about annexing an area that far out. He does not know what the progressive plans are for future annexation, but it has created a stir in the High Point Subdivision. People have left letters on neighbors' doors. Mr. Orth asked if there is any intention for the High Point Subdivision to be considered for annexation or would somehow be impacted by this. If so, there will be enormous concern from people up there. He suggested that the city assure the people in High Point Subdivision whether or not that is the intention. He thinks there will be a lot of people at next week's council meeting. Bill Sheridan stated that the city does not intend to annex that subdivision. The street right-of-way at this location is the issue, and the city provides water service to the address that is noted. Emelie Eaton stated that it would be beneficial to put this in the record again. The city is proposing to annex the street in front of the property. The property has already been annexed, and the fact that the council wants to add the street to the annexed property has no effect on any of the neighbors, nor would it have an adverse effect on 2057 East Maryland Lane. Mayor Olson stated that the only effect this action would have on 2057 East Maryland Lane is that the property would no longer have an obligation to the Rural SID. Currently, the property owner has two obligations. One obligation is for the City of Laurel's street maintenance district, and the other is the Rural SID for the part of the road that is in the county. The city is in an awkward position because it is trying to give some relief to the property owner of 2057 East Maryland Lane for the amount of her obligation to the RSID. The property was annexed through the Village Subdivision property to the east of her at the request of the prior owner. At that time, the property received city water. 3 Council Workshop Minutes of May 12, 2009 Subsequently, the property was sold to the current owner, who wants to know why she was annexed in. If the council goes forward with the annexation, it will relieve the obligation for the county RSID for 2057 East Maryland Lane. Doug stated that the city does not legally have to annex the street. The law passed in 2003 became effective in October 2003, but this property was annexed in the spring of 2003. Therefore, the city is not legally required to annex the street. Mayor Olson stated that is correct. If the city does not annex the street, there would be no other reason for the County Commissioners to remove the property from the RSID and the property would be assessed both the city's street maintenance fee and the county's RSID fee. Doug asked if the neighbor to the south of 2057 East Maryland Lane would be affected if the street is annexed and whether the property would have to continue to pay the RSID. Mayor Olson stated that the property should not have to pay an RSID. Doug stated that, in essence, the city is actually favoring the Yellowstone County resident by annexing this street and it would reduce the RSID also. Sam stated that is correct, and they would not pay the city's street maintenance fee because that parcel is not in the city, as 2057 East Maryland Lane is in the city. Mark asked the city attorney what the process is for de-annexation, which cannot be done. If it were to be done in this case, he suggested that the council would have a busy year. Mayor Olson stated that the issue before the council should not be clouded, as the issue is annexation of the street right-of-way. The issue of de-annexation would be a whole different process. Mark stated that the next thing the property owner would ask for is a reduction of taxes, which cannot be done because she already has water services. Sam stated that the current action is not a de-annexation. It is consideration of taking half the street to relieve the Rural SID requirements. Basically, this was thought to be a good deed on the city's part. Apparently, it is not. In a meeting with the commissioners, this was a way to partially relieve this property owner of a fee she is paying. Based upon the record made at the public hearing, the property owner is adamantly opposed to this. Sam stated that he is hard pressed as the city attorney to advise the council to go against the property owner at this point, because the council does not have to annex this piece of street that is being considered. It is not mandatory, but it was something being considered at the council's discretion. Sam has talked to this property owner and advised her that de- annexation is not favored. Sam would never recommend de-annexation to the council and he doubts the council would grant her permission to de-annex as she has city service and is in the city limits. Sam does not think this issue is worth this much debate. Mark asked Sam to explain the process needed in order for High Point Subdivision to be annexed without the consent of the property owners. 4 Council Workshop Minutes of May 12, 2009 Sam stated that every property owner in High Point Subdivision could individually petition the city council to annex them, but there is no way the entirety of the subdivision could be annexed without the property owners asking for annexation. Mayor Olson commented that there have been comments that the city can go out and annex. By state statute, the city cannot annex without a request unless a property is an island and totally surrounded by the city. Then the city has the prerogative to initiate the action. Sam stated that there are six different ways to annex, but none of them allows the city to go out to this type of a subdivision and annex it without their permission. Emelie stated that this action is to annex the street. By doing that, the city will help provide tax relief for two residents along that street, including 2057 East Maryland Lane and the neighbor to the south. Sam agreed, as long as county action is done to release the properties from the RSID. Emelie asked if that is the reason the property owner stated last week at the hearing that one county commissioner is not in favor of this. Mayor Olson has no idea why that statement was made or that the commissioner made the statement. There was a request by an individual to have the annexation pulled, which Mayor Olson did not allow. Sam stated the commissioners, the city planner, and he discussed how to help this property owner. The commissioners and the county attorney came up with this process to give her some relief. Mary Embleton informed the council that the comment period for this process ended today. Letter of opposition were received from the property owners at 1805 East Maryland, 1911 East Maryland, 2024 East Maryland, and 1527 Ridge Drive. At last week's public hearing, letters of opposition from the adjoining property owners were distributed to the council. Chief Administrative Officer: • Report on staffing Bill Sheridan stated that temporary employees are being hired. These include thirteen swimming pool employees, four employees for the parks, two employees for streets, and one caretaker for Riverside Park. Mayor Olson, Bill and Mary are working on a proposal for three additional full-time employees. The proposal will be presented at the May 26th council workshop. Executive review: • Resolution - Restructure of the Insurance and Benefit Committee Mayor Olson stated that the proposed restructure was presented and discussed at a recent council workshop. Council members have volunteered to serve on the committee. The resolution will be on the May 19th council agenda. Council Issues: • Tree Board hosting tree event in Laurel (Emelie Eaton) 5 Council Workshop Minutes of May 12, 2009 Emelie Eaton stated that the Tree Board was recently approached regarding hosting the 2009 Eastern Montana Community Forestry Conference. The Tree Board would like to team up with the DNRC, the Laurel Chamber of Commerce, and the Laurel City Council and formally advertise this event as such. The Tree Board asked Joanne Flynn from the Chamber of Commerce to work with the local hotels to provide rooms for the five out-of-town speakers and to arrange for a block of rooms for out- of-town guests attending the conference. They want to work with the Owl Cafe for catering the event. The location for the event is still under discussion, but the preference is that Riverside Park is the only place to hold multiple meetings in a large, yet informal, location. This would be the second bi-annual conference. Forsyth hosted the first one and had fifty people attend their conference. Attendance could double this year because of the proximity to Billings. Forsyth kept $1,000 out of registration and vendor fees as profit for their Tree Board. Laurel could easily keep that much and establish a Tree Board account. About $2,000 was brought into Forsyth's local economy, and it is expected that Laurel would bring in at least that much to the community. Emelie stated that one of the things emphasized was that Laurel City Hall rarely has an opportunity to invite people to the community and bring in business for the business owners. The only obstacle is that the dates chosen, October 8th and 9th, are the same dates as the League of Cities and Towns Convention in Great Falls this year. However, not all of the council attends the League of Cities and Towns Convention, and those that attend the tree conference might not attend the League meetings. Emelie asked three things of the council. First, she asked if the council is in support of this event so it could be advertised as being sponsored formally by the city council. Second, she requested authorization for funding from the public works budget, since the Park Board and the Tree Board do not have actual budgets. She asked for a line item within that budget to sponsor the event and receive and spend the funds. Third, she asked that the council, the mayor, or both, provide seed money in the amount of $1,000 from their budgets or the initial expenses of the project. Mayor Olson stated that decisions cannot be made at a council workshop and asked Emelie if there could be a two-week window for further consideration. The Tree Board would then have the opportunity to talk to staff regarding funding mechanisms and how to recommend the allocation to the council. Mayor Olson stated that the council seems to be in support of the idea. The item will be on the May 26th council workshop agenda. Mayor Olson stated that a request was received from the Chamber of Commerce for an event on the 4th of July. It has come to the city's attention that the best way to direct that request would be through the use of a Special Use Permit for the 4th of July. Mayor Olson has directed the Chamber of Commerce secretary to contact the Public Works Director for a special permit for that occasion. He wanted to make the council aware that something may be a little bit different in the way the city operates for the 4th of July. Further information will be provided at the next council workshop. Other items Mayor Olson stated that the owner of the Palace Bar and Lanes contacted him recently. DJ's Steak House will be opened under new management with a new chef and they wanted to invite the council for a meal. The invitation should be in the mail to the council members within the week. Mayor Olson stated that this should be discussed. As an elected official, the gratuity limit of $50 should be noted. If the council decides to go, the meeting would be posted. The newspaper would also be invited to attend. Mayor Olson spoke regarding Dr. Ken Weaver's philosophy. 6 Council Workshop Minutes of May 12, 2009 Chuck Dickerson stated that, if it was an open invitation to several different entities, the council has the opportunity to show support to a local establishment. The restaurant is changing ownership and we are being invited to a meal. Doug stated that most of the council has heard Dr. Weaver speak and know what can and cannot be discussed and that decisions cannot be made. Sam stated that certain things need to be considered. If five members attend, there is a quorum and the council has established an open and legal council meeting. An open meeting is when a quorum of the members is present. It is dangerous for cities and towns to put themselves in those situations. When he first heard about this, Sam's concern was what the Palace could have in front of the council requiring a decision now and in the future. Those are things the council needs to think about, as impropriety may not exist at the moment, but it could exist a couple months down the road. He stated that the governing body, as elected officials, should be cognizant of those cautions. He stated that Dr. Weaver would say to be careful. Sam does not recommend this and does not think it is a good practice to get together in these types of events. He is not sure it was an invitation to a lot of different groups, and he thinks it was focused on the city council. Sam stated that these situations are difficult, and it would be easier if there was a flat prohibition. Mayor Olson stated that it is up to the individual, and he was not aware of how many other people have been invited. He asked the council to use the comments made tonight as their guide and to be cautious as a leader in the community. The joint meeting between the City of Laurel and the County Commissioners is scheduled on Thursday, May 14'h, at 5:30 p.m. Yellowstone County's agenda items include library funding, planning funding, and the Veterans' Cemetery. The City of Laurel's agenda items include the TIFD revenue shortage, annexation of full streets, the Laurel interchange, streets that Yellowstone County snow plows, and the fire hall building/fire service areas. There was a lengthy discussion regarding each of the agenda items, questions the council will ask the county, and issues that need to be resolved. The City of Laurel has requested additional funding from the county for the Laurel Library, City-County Planning Fund, and the Yellowstone County Veterans' Cemetery. The shortage in the TIF District revenues will be addressed, as well as the city's needs for a new fire hall building and assistance with fire service area issues. Kate Hart explained two issues. The Cemetery Commission wants to install a kiosk at the cemetery to show the new regulations and rules at the cemetery. They cannot afford one, but the kiosk in Thomson Park is not being used. She asked if the kiosk could be moved to the cemetery. Another kiosk could be place in Thomson Park at a later date. Kate stated that there are problems with lessees in some of the city's properties, specifically Thomson Park. The lessees are doing improvements and putting in concrete structures without informing the city or getting permits. She asked Sam how to deal with this. Sam asked if there is an existing lease. Kate stated that the Park Board is working on a lease, but no one should do things in a city park and install a permanent structure without asking permission or getting a permit. 7 Council Workshop Minutes of May 12, 2009 Sam stated that the ultimate remedy is to order them to remove it and repair the damage it caused. It could be effectuated through staff inspecting it, filing a complaint, and notifying the club or lessee that they are building without permits and need to remove the structure and repair it or the city will take them to court. Another remedy is not to lease to them because they are constructing on city property and have violated city ordinances and codes. If the club does not remove the structure and fix it, the city could hire a contractor to do so and then collect from the club. Mayor Olson told Kate to contact Bill Sheridan to get the kiosk moved to the cemetery. Emelie Eaton asked if the city approached the School Board regarding East 8`h Street being restored to the condition it was in before construction began. Kurt stated that the school's project requires moving large quantities of dirt, rock and gravel. As the project began and the heavy equipment was brought in, Kurt met with them and explained that the street in front of the high school could not handle this. The school was informed that the street would have to be repaired to its pre-construction condition. The street is not designed to carry the loads the trucks were going to haul. The city's truck route ordinance says the trucks must use the truck route and the nearest street to get to and from their site in the fastest way possible. This would have been East 8t', which means they would have been able to drive those loads on it legally. They would have to then repair the street. The contractor and the school district did not want to pay to replace the street. After discussion, the city and the school district decided the route should be up and down the gravel alley, which is a straight shot from the site. They requested and received a street closure permit to barricade East 8 h Street. They only bring empty loads out on the street so the trucks would not hit in the alley. They bring loaded ones in on the north going up First Avenue to Maryland, come down the alley, and go right into the football field. Then they come out unloaded and go down East 8`" to the nearest truck route, which is First Avenue, and head south, because they cannot use the county roads to the north. They will be required to mitigate any problems and repairs needed to the street because of this project. Emelie asked regarding the sign at Riverside Park. May is National Historic Preservation month. The group that sponsored the creation of the sign approached her recently regarding a date so they could advertise it and have some press coverage. She asked Kurt for information on the date for installation of the sign. Kurt has been working with Michelle Steffan to get the sign finished, get the posts, and attach it to the sign. As soon as Michelle is done with that, he needs two days prior notice to call in the locates. He asked for direction from the Park Board as to the location for the sign to be planted. There is also another sign that needs to be installed, and he would like to plant them in the next couple weeks. Chuck Rodgers asked regarding the construction at the athletic field and the open ditch along Mr. Olson's property. What is going to take place with that? Kurt stated that there is no plan to cover that ditch until the council decides that the street needs to be built out, the engineering is done, and the storm drainage is put in to cover that. Currently, that ditch serves as a flood detention area. As far as producing a full street, there are some right-of-way issues and platting problems there. Kurt would like to see this come forward soon because there will be a $3 million stadium and a half a street there. Funding for the project is a concern. 8 Council Workshop Minutes of May 12, 2009 Mary Embleton stated that, with the stimulus funding that was approved and passed by House Bill 645, the city had some discretionary money it needed to tag. The city had $118,000 for open ditch mitigation. It was previously discussed regarding ditch mitigation by the Middle School, but it would be the council's decision where to use that discretionary funding. Chuck Rodgers stated that the Laurel Veterans' Cemetery is getting a face lift. A couple trees were cut down and the roots were ground out. Legion members were there today trying to get ready to set the headstones. They asked if anyone could help with some of the work, especially with finishing the cement, next Tuesday. Chuck Dickerson reported on the Elected Officials Workshop he attended last week in Billings. Copies of the information he received regarding open meeting guidelines, parliamentary procedures, changes to the MMIA, legislation, and special events liability coverage were distributed to the council members. Chuck stated that everyone thought highly of Mary's work over the years, and she will be done with her responsibilities this fall. Mark Mace stated that the Public Works Department and the Public Works Committee are working on a massive program for street maintenance. The program would include snow removal, sweeping districts, and a way to track and provide continuity into the future. The committee has a lot to do, but it will be a good system for future council members and staff to keep the program going. Mark stated that Kurt has worked hard on this program. Review of draft council agenda for May 19, 2009 The agenda was reviewed, and no changes were mentioned. Attendance at the May 19, 2009 council meeting All present will attend. Announcements Mayor Olson requested that council members give a list of their discussion items to the council secretary prior to a council workshop so department heads can have prior knowledge of the questions and concerns. It is not his intent to put the staff on notice, and he knows that is not the council's intent. He suggested that there could be a better exchange of ideas if staff had prior knowledge of issues coming forward. The council workshop adjourned at 8:34 p.m. Respectfully submitted, Cindy Allen Council Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 9